The Song Agreement Contract is a fundamental legal document in the Canadian music industry that establishes the framework for managing rights and commercial aspects of musical compositions. This agreement is essential when formalizing arrangements between songwriters, publishers, and other stakeholders in the music industry. It covers crucial elements including copyright ownership, royalty structures, licensing rights, and usage permissions, while ensuring compliance with Canadian federal and provincial legislation, particularly the Copyright Act and related regulations. The document is designed to protect all parties' interests while facilitating the commercial exploitation of the musical work across various platforms and mediums. It includes specific provisions for digital distribution, performance rights, and moral rights protection, which are particularly significant under Canadian law.
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1. Parties: Identification of all parties involved in the agreement, including songwriters, publishers, and any other rights holders
2. Background: Context of the agreement, including the creation of the song and the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Song Details: Specific information about the musical work, including title, duration, and creation date
5. Grant of Rights: Explicit description of rights being transferred or licensed, including copyright, performance rights, and mechanical rights
6. Ownership and Copyright: Clear statement of copyright ownership and any divisions of ownership between parties
7. Royalties and Payment Terms: Detailed breakdown of royalty rates, payment schedules, and accounting requirements
8. Representations and Warranties: Guarantees regarding ownership, originality, and non-infringement of third-party rights
9. Moral Rights: Handling of moral rights under Canadian law, including attribution and integrity rights
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Confidentiality: Obligations regarding confidential information shared between parties
12. General Provisions: Standard contractual clauses including governing law, notices, and amendment procedures
1. Co-Writing Arrangements: Details of rights and obligations between multiple songwriters, used when the song has multiple authors
2. Publishing Rights: Specific terms related to publishing rights, used when a publishing company is involved
3. Synchronization Rights: Terms for use of the song in film, TV, or other media, included when such rights are specifically negotiated
4. Digital Distribution: Specific terms for digital platforms and streaming services, included when digital distribution is explicitly addressed
5. Administration Rights: Terms for the administration of rights by third parties, used when involving rights administrators
6. Territory Restrictions: Specific geographical limitations or provisions, included when rights are territory-specific
7. Sub-Publishing: Terms for international publishing arrangements, included when international exploitation is contemplated
8. Sampling Rights: Provisions for allowing or restricting sampling of the song, included when sampling is a consideration
1. Schedule A - Song Details: Complete technical details of the song including ISRC codes, duration, recording details
2. Schedule B - Writer Split Sheet: Detailed breakdown of ownership percentages and writing credits
3. Schedule C - Royalty Rates: Comprehensive breakdown of royalty rates for different types of usage
4. Schedule D - Approved Uses: List of pre-approved uses or licenses for the song
5. Appendix 1 - Registration Information: Song registration details for various collection societies and PROs
6. Appendix 2 - Prior Licenses: List of any existing licenses or agreements affecting the song
7. Appendix 3 - Marketing Plan: Optional marketing and promotion plans if applicable
8. Appendix 4 - Copyright Registration: Copies of copyright registration certificates and related documents
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